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| Home | About | Building Info | Q&A's |
Q &
A's
Q: What are my voting rights in the Condominium Association? A: One(1) vote per unit, restricted to a designated voter. Articles of Incorporation, Page 2, Article IV Paragraph 4. On all matters on which the Membership shall be entitled to vote, there shall be only one (1) vote for each APARTMENT in PLAYA del MAR CONDOMINIUM, which vote may be exercised or cast by the owner or owners of each APARTMENT in such manner as may be provided in the By-Laws hereafter adopted by the Corporation. Should any member own more than one(1) APARTMENT,such member shall be entitled to exercise or cast as many votes as he owns APARTMENTS, in the manner provided by said By-Laws.
Q: What restrictions exist in the Condominium Documents on my right to use my unit? A: Declaration of Condominium, Page 5 and 6, Article XIII. Each APARTMENT is hereby restricted to residential use by the owner or owners thereof, their immediate families, guests, and invitees. No owner or owners of any APARTMENT shall permit use of the same for transient, hotel, or commercial purposes. In order to provide for a congenial occupancy of the building and security of residents, the use of the property shall be restricted to and be in accordance with the following provisions: SINGLE-FAMILY RESIDENCES. The APARTMENT units of PLAYA del MAR CONDOMINIUM shall be limited to use by immediate members of a single family as defined below. No APARTMENT shall be utilized by more than the members of a single family unless otherwise approved by the Board of Directors. If title vests in any entity other than a natural person or persons or in multiple families, then such entity or multiple families shall designate in writing the single family to occupy the APARTMENT unit, and the ASSOCIATION approval of said designee shall be subject to the same rules, regulations, and requirements regarding qualifications for occupancy as apply to prospective tenants seeking approval for occupancy. Once a designee is so approved, such designation may be changed only once in any twelve(12) month period. OCCUPANCY LEVEL: The number of residents who shall be permitted to occupy an APARTMENT unit in PLAYA del MAR CONDOMINIUM is:
The maximum number of residents permitted in each APARTMENT unit must be adhered to in accordance with the restrictions set forth above. However, occasional overnight guests and members of the immediate family will be permitted in amounts not to exceed two persons above occupancy level. CLASSIFICATION OF RESIDENTS: Visitors or overnight guests will be permitted only while the Owner or Lessee is in residence in the APARTMENT. No person likely to interfere with the safety, welfare, or health of other residents shall be accepted as an occupant in the leasing or purchase of an APARTMENT. Q: What restrictions exist in the condominium documents on the
leasing of my unit?
Declaration of Condominium, Page 18, Article XXVII. In order to maintain a community of congenial residents who are financially responsible and thus protect the value of the APARTMENTS, the transfer of an APARTMENT by any owner other than the Declarer shall be subject to the following provisions as long as the CONDOMINIUM exists and the APARTMENT building in useful condition exists upon the land, which provisions each APARTMENT owner covenants to observe: A. No APARTMENT owner may dispose of an APARTMENT or any interest in an APARTMENT by sale or lease without approval of the ASSOCIATION except to an APARTMENT owner. Lessees are not granted the right to sublease or assign. If any APARTMENT owner shall acquire his title by gift, devise or inheritance, the continuance of this ownership of his APARTMENT shall be subject to the approval of the ASSOCIATION. If any APARTMENT owner shall acquire his title by any manner not considered above, the continuance of his ownership of his APARTMENT likewise shall be subject to the approval of the ASSOCIATION. B. No owner of an APARTMENT shall be permitted to enter into a lease of their APARTMENT during the first twelve (12) months of ownership. The approval of the ASSOCIATION that is required for the transfer of ownership of APARTMENTS shall be obtained in the following manner, all notices required hereunder shall be in writing delivered to the President or Secretary of ASSOCIATION by registered or certified mail to the office of ASSOCIATION. 1) An APARTMENT owner intending to make a bona fide sale or lease of his APARTMENT or any interest in it shall give to the ASSOCIATION notice of such intention, together with the name and address of the intended purchaser or lessee as the ASSOCIATION may reasonably require. The APARTMENT owner shall provide the ASSOCIATION with a copy of the completed Purchase Contract/or Lease Agreement accompanied with a payment by check in an amount of $50 as clearance fee. Such notice of the APARTMENT owner's option may include a demand by the APARTMENT owner that the ASSOCIATION furnish a purchaser or lessee of the APARTMENT if the proposed purchaser or lessee is not approved unless such approval is not unreasonably withheld; and if such demand is made, the notice shall be accompanied by an executed copy of the proposed contract to sell or lease. Each new lessee shall be required to provide the ASSOCIATION with a security deposit in the amount equal to one month's rent as an attachment to the Lease Agreement, which deposit shall be returned to Lessee within 15 days after Lessee vacates the APARTMENT, less any costs or expense incurred by the ASSOCIATION for damage to COMMON PROPERTY attributed to Lessee, as set forth in writing within said 15-day period. 2) An APARTMENT owner who has obtained his title by gift, devise or inheritance, or by any other manner not previously considered, shall give to the ASSOCIATION notice of the acquiring of his title, together with such information concerning the APARTMENT owner as the ASSOCIATION may reasonably require, and a certified copy of the instrument evidencing the owner's title. 3) If the above-required notice to the ASSOCIATION is not given, then at any time after receiving knowledge of a transaction or event transferring ownership or possession of an APARTMENT, the ASSOCIATION at its election and without notice may approve or disapprove the transaction or ownership. If the ASSOCIATION disapproves the transaction or ownership, the ASSOCIATION shall proceed as if it had received the required notice on the date of such disapproval. C. Certificate of approval from ASSOCIATION is required. 2) If the APARTMENT owner giving notice has acquired his title by gift, devise or inheritance or in any other manner not considered above, then within fifteen (15) days after receipt of such notice and information the ASSOCIATION must either approve or disapprove the continuance of the APARTMENT owner's ownership of his APARTMENT. If approved, the approval shall be stated in a certificate executed by the President and Secretary of the ASSOCIATION, which shall be recorded in the Public Records of Broward County, at the expense of the APARTMENT owner. D. Inasmuch as the condominium may be used only for residential purposes and a corporation cannot occupy an APARTMENT for such use, if the APARTMENT owner or purchaser of an APARTMENT is a corporation, the approval of ownership by the corporation may be conditioned by requiring that all persons occupying the APARTMENT be approved by the ASSOCIATION. E.If the ASSOCIATION shall disapprove a transfer of ownership of an APARTMENT for any reason other than prescribed herein, the matter shall be disposed in the following manner: 1) If the proposed transaction is a sale and if the notice of sale given by the APARTMENT owner shall so demand, then within fifteen (15) days after receipt of such notice and information, the ASSOCIATION shall deliver or mail by Certified or Registered mail to the APARTMENT owner, notice of its election to first obtain another purchaser. Within forty-five (45) days from the date of the notice of election to first obtain another purchaser, the ASSOCIATION shall deliver or mail by Certified or Registered mail to the APARTMENT owner, an agreement to purchase the APARTMENT concerned by a purchaser approved by the ASSOCIATION who will purchase the APARTMENT and to whom the APARTMENT owner must sell the APARTMENT upon the following terms. (a) At the option of the purchaser to be stated in the agreement, the price to be paid shall be that stated in the disapproved contract to sell or shall be the fair market value determined by arbitration in accordance with the then existing rules of the American Arbitration Association, except that the arbitrators shall be two appraisers appointed by the American Arbitration Association who shall base their determination upon an average of their appraisals of the APARTMENT; and a judgment of specific performance of the sale upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The expense of the arbitration shall be paid by the purchaser. (b) The purchase price shall be paid in cash (c) The sale shall be closed within thirty (30) days after the delivery or mailing of the agreement to purchase, or within ten (10) days after the determination of the sale price if such is by arbitration, whichever is the later. (d) A certificate of the ASSOCIATION executed by its President and Secretary and approving the purchaser shall be recorded in the Public Records of Broward County, Florida, at the expense of the purchaser. (e) If the ASSOCIATION shall fail to provide a purchaser upon the demand of the APARTMENT owner in the manner provided, or if a purchaser furnished by the ASSOCIATION shall default in his agreement to purchase, then notwithstanding the disapproval, the proposed transaction shall be deemed to have been approved and the ASSOCIATION shall furnish a certificate of approval as elsewhere provided, which shall be recorded in the Public Records of Broward County, Florida, at the expense of the purchaser. 2) If the proposed transaction is a lease and if the notice of lease given by the APARTMENT owner shall so demand, then within fifteen (15) days after receipt of such notice and information the ASSOCIATION shall deliver or mail by certified or registered mail to the APARTMENT owner notice of its election to first obtain another lessee. Within fifteen (15) days from the date of the notice of election to obtain another lessee, the ASSOCIATION shall deliver or mail by certified or registered mail to the APARTMENT owner notice of its election to first obtain another lessee. Within fifteen (15) days from the date of the notice of election to obtain another lessee, the ASSOCIATION shall deliver or mail by certified or registered mail to the APARTMENT owner, an agreement to lease the APARTMENT concerned by a lessee approved by the ASSOCIATION who will lease the APARTMENT and to whom the APARTMENT owner must lease the APARTMENT upon the same terms and conditions of the disapproved lease, provided that the terms and conditions of the disapproved lease comply in all respects with the rules and regulations governing the leasing of APARTMENTS by owners as established by ASSOCIATION. 3) If the APARTMENT owner giving notice has acquired his title by gift, devise or inheritance, or in any other manner, then within thirty (30) days after receipt from the APARTMENT owner of the notice and information required to be furnished, the ASSOCIATION shall deliver or mail by certified or registered mail to the APARTMENT owner an agreement to purchase the APARTMENT concerned by a purchaser approved by the ASSOCIATION who will purchase and to whom the APARTMENT owner must sell the APARTMENT upon the following terms: (a) The sale price shall be the fair market value determined by agreement between the seller and purchaser within thirty (30) days from the delivery or mailing of such agreement. In the absence of agreement as to price, the price shall be determined by arbitration in accordance with the then existing rules of the American Arbitration Association, except that the arbitrators shall be two appraisers appointed by the American Arbitration Association who shall base their determination upon an average of their appraisals of the APARTMENT; and a judgment of specific performance of the sale upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The expense of the arbitration shall be paid by the purchaser. (b) The purchase price shall be paid in cash. (c) The sale shall be closed within ten (10) days following the determination of the sale price. (d) A certificate of the ASSOCIATION executed by its President and Secretary and approving the purchaser shall be recorded in the Public Records of Broward County, Florida, at the expense of the purchaser. (e) If the ASSOCIATION shall fail to provide a purchaser as required by this instrument, or if a purchaser furnished by the ASSOCIATION shall default in his agreement to purchase, then notwithstanding the disapproval, such ownership shall be deemed to have been approved, and the ASSOCIATION shall furnish a certificate of approval as elsewhere provided, which shall be recorded in the Public Records of Broward County, Florida, at the expense of the APARTMENT owner. F. No APARTMENT owner may mortgage his APARTMENT nor any interest in it without the approval of the ASSOCIATION except to a bank, life insurance company or a savings and loan association, or to a vendor to secure a portion or all of the purchase price. The approval of any other mortgagee may be upon conditions determined by the ASSOCIATION or may be arbitrarily withheld. G. The right to obtain another purchaser or lessee granted to ASSOCIATION shall not apply or be operative to any foreclosure or other judicial sale of an APARTMENT; to the acceptance of a deed in lieu of foreclosure; or to the title of any purchaser from a foreclosure sale pursuant to a foreclosure by the institutional mortgagee, or to the title of any purchaser derived directly from the institutional mortgagee, however, the title of the purchaser at any other foreclosure or judicial sale shall thereafter be subject to the right of the ASSOCIATION to obtain another purchaser or lessee as herein provided on any subsequent lease or sale of such APARTMENT.
Q: How much are my assessments to the Condominium Association for my unit type and when are they due? A: $ ___________ The assessments are due Quarterly on, Jan.1, Apr.1, July 1, Oct.1.
A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES, EXHIBITS, HERETO, THE SALES CONTRACT AND THE CONDOMINIUM DOCUMENTS. DBR Form 33-032 Playa del Mar |
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